Capitol Building Maryland Register

Issue Date: December 21, 2018

Volume 45 • Issue 26 • Pages 1228-1280

IN THIS ISSUE

Governor

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 3, 2018 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of December 3, 2018.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 


Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ....................................................................  1233

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1234

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

04        Department of General Services .......................................  1250

08        Department of Natural Resources ..........................  1240, 1251

09        Department of Labor, Licensing, and Regulation ...  1240, 1253

10        Maryland Department of Health .............................  1241, 1253

11        Department of Transportation ..........................................  1247

13A     State Board of Education ........................................  1248, 1269

13B     Maryland Higher Education Commission ........................  1271

15        Department of Agriculture ...............................................  1249

26        Department of the Environment .......................................  1249

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Governor

EXECUTIVE ORDER 01.01.2018.30 ................................  1237

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ...............................  1239

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Oysters .  1240

Shell Recycling Tax Credit  1240

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

OFFICE OF THE SECRETARY

Regulation of Units to Prevent Anticompetitive
   Actions .  1240

BOARD OF MASTER ELECTRICIANS

General Regulations .  1240

STATE BOARD OF HEATING, VENTILATION,
   AIR-CONDITIONING, AND REFRIGERATION
   CONTRACTORS

General Regulations .  1241

BOARD OF BARBERS

General Regulations .  1241

BOARD OF PLUMBING

General Regulations .  1241

SECONDHAND PRECIOUS METALS AND GEM DEALERS
   AND PAWNBROKERS

General Regulations .  1241

LOCKSMITHS

General Regulations 1241

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Physicians’ Services .  1241

Pharmacy Services .  1242

Pharmacists .  1242

Adult Residential Substance Use Disorder Services .  1242

Community Personal Assistance Services .  1242

Early and Periodic Screening, Diagnosis and Treatment
   (EPSDT) Services .  1243

Medical Assistance Eligibility .  1243

Family Planning Program Eligibility .  1243

Family Planning Program ..  1243

Targeted Case Management for People with Developmental
   Disabilities .  1243

Service Coordination for Children with Disabilities .  1243

Specialty Mental Health Services .  1243

Maryland Medicaid Managed Care Program:
   Definitions .  1244

Maryland Medicaid Managed Care Program: Eligibility and
   Enrollment  1244

Maryland Medicaid Managed Care Program: MCO
   Application .  1244

Maryland Medicaid Managed Care Program: Managed Care
   Organizations .  1244

Maryland Medicaid Managed Care Program: Access .  1244

Maryland Medicaid Managed Care Program:
   Benefits .  1244

Maryland Medicaid Managed Care Program: Program
   Integrity .  1244

Maryland Medicaid Managed Care Program: MCO Dispute
   Resolution Procedures .  1244

Maryland Medicaid Managed Care Program: Departmental
   Dispute Resolutions Procedures .  1244

Maryland Medicaid Managed Care Program:
   Sanctions .  1244

Maryland Medicaid Managed Care Program: Corrective
   Managed Care .  1244

Maryland Medicaid Managed Care Program: Independent
   Review Organization (IRO)  1244

Maryland Medicaid Managed Care Program: Managed Care
   Organizations .  1245

Special Psychiatric Hospitals .  1245

FOOD

Food Service Facilities .  1245

DEVELOPMENTAL DISABILITIES

Informal Hearings Under the Maryland Developmental
   Disabilities Law .. 1245

BOARD OF PHYSICIANS

Delegation and Assignment of Performance of Cosmetic
   Medical Procedures and Use of Cosmetic Medical
   Devices .  1246

BOARD OF PHARMACY

Pharmacist Administration of Vaccinations .  1246

POSTMORTEM EXAMINERS COMMISSION

Medical Examiner Cases .  1246

BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD
   CARE PROGRAM PROFESSIONALS

Certification — Residential Child Care Program
   Administrators .  1246

Certification — Residential Child and Youth Care
   Practitioners .  1246

BOARD OF PROFESSIONAL COUNSELORS AND
   THERAPISTS

General Regulations .  1246

Advanced Assessment Activities...............................................  1246

Art Therapists .  1246

Alcohol and Drug Counselors — Requirements for
   Certification and Licensure .  1247

BOARD OF MASSAGE THERAPY EXAMINERS

General Regulations .  1247

11  DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

Parking and Control of Vehicles on Maryland Transit
   Administration Property .  1247

Prohibition of Smoking on Board Maryland Transit
   Administration Passenger Cars .  1247

13A STATE BOARD OF EDUCATION

GENERAL INSTRUCTIONAL PROGRAMS

Graduation Requirements for Public High Schools in
   Maryland .  1248

SUPPORTING PROGRAMS

Student Transportation .  1248

Maryland Early Literacy Initiative .  1249

15  DEPARTMENT OF AGRICULTURE

BOARD OF VETERINARY MEDICAL EXAMINERS

Required Animal Cruelty Reporting .  1249

26  DEPARTMENT OF THE ENVIRONMENT

MARYLAND CO2 BUDGET TRADING PROGRAM

General Administrative Provisions .  1249

Applicability, Determining Compliance, and Allowance
   Distribution .  1249

Offset Projects .  1249

Auctions .  1249

 

Proposed Action on Regulations

04  DEPARTMENT OF GENERAL SERVICES

BUILDINGS AND GROUNDS

General Regulations .  1250

Legislative Branch Buildings and Grounds in
   Annapolis ..............................................................................  1250

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fish .  1251

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

BOARD OF PILOTS

General Regulations .  1253

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Medical Assistance Eligibility .  1253

DEVELOPMENTAL DISABILITIES

Fee Payment System for Licensed Residential and Day
   Programs .  1255

Community Supported Living Arrangements Payment
   System ..  1255

BOARD OF NURSING

Practice of Nurse Anesthetist  1264

BOARD OF NURSNG

Teletherapy .  1265

BOARD OF PHARMACY

Pharmacy Security .  1267

Fees .  1267

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

Licensing Procedures .  1268

NATALIE M. LAPRADE MEDICAL CANNABIS
   COMMISSION

Definitions .  1268

General Regulations .  1268

Medical Cannabis Grower License .  1268

Medical Cannabis Processor License .  1268

Medical Cannabis Dispensary License .  1268

13A STATE BOARD OF EDUCATION

SPECIFIC SUBJECTS

Gifted and Talented Education .  1269

CERTIFICATION

Administrators and Supervisors .  1270

13B MARYLAND HIGHER EDUCATION COMMISSION

ACADEMIC REGULATIONS

Academic Programs ― Degree-Granting Institutions .  1271

FINANCIAL AID

Maryland Community College Promise Scholarships .  1272

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit to Anne
   Arundel County, Maryland .  1277

Final Determination to Modify a Stormwater Permit —
   Baltimore County, Maryland .  1277

Final Determination to Modify a Stormwater Permit —
   Prince George’s County, Maryland .  1277

DEPARTMENT OF TRANSPORTATION

OFFICE OF MINORITY BUSINESS ENTERPRISE ..  1278

 

General Notices

COMPTROLLER OF THE TREASURY

Notice of Interest Rate on Refunds and Moneys Owed to the
   State .  1279

MARYLAND DEPARTMENT OF HEALTH/ RURAL
   HEALTH COLLABORATIVE

Public Meeting .  1279

Public Meeting .  1279

Public Meeting .  1279

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1279

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — Commercial Striped Bass Common Pool
   Gill Net Season Modification — Effective 12/4/18
.  1279

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Meeting .  1279

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  1279

DIVISION OF WORKFORCE DEVELOPMENT AND
   ADULT LEARNING/MARYLAND APPRENTICESHIP
   AND TRAINING COUNCIL

Public Meeting .  1279

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES through July 2019

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

January 4

December 17

December 26

December 24

January 18

December 31

January 9

January 7

February 1

January 14

January 23

January 18**

February 15

January 28

February 6

February 4

March 1

February 11

February 20

February 15**

March 15

February 25

March 6

March 4

March 29

March 11

March 20

March 18

April 12

March 25

April 3

April 1

April 26

April 8

April 17

April 15

May 10

April 22

May 1

April 29

May 24

May 6

May 15

May 13

June 7

May 20

May 29

May 24**

June 21

June 3

June 12

June 10

July 5

June 17

June 26

June 24

July 19

July 1

July 10

July 22

 

*   Due date for documents containing 8 to 18 pages — 48 hours before date shown; due date for documents exceeding 18 pages — 1 week before date shown

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING.

**      Note closing date changes

***   Note issue date changes

The regular closing date for Proposals and Emergencies is Monday.

 

 



Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 


01 EXECUTIVE DEPARTMENT

 

01.02.11.01—.10,.14,.16—.22 • 45:23 Md. R. 1073 (11-9-18)

 

03 COMPTROLLER OF THE TREASURY

 

03.03.05.04 • 45:18 Md. R. 835 (8-31-18)

03.06.01.33 • 45:19 Md. R. 867 (9-14-18)

 

04 DEPARTMENT OF GENERAL SERVICES

 

04.05.01.07 • 45:26 Md. R. 1250 (12-21-18)

04.05.02.02 • 45:26 Md. R. 1250 (12-21-18)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.16 • 45:24 Md. R. 1166 (11-26-18)

08.02.04.17 • 45:25 Md. R. 1208 (12-7-18) (ibr)

08.02.05.15 • 45:26 Md. R. 1251 (12-21-18)

08.02.14.10 • 45:24 Md. R. 1166 (11-26-18)

08.02.23.03,.05 • 45:25 Md. R. 1208 (12-7-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.08.01.27 • 45:24 Md. R. 1167 (11-26-18)

09.08.07.01,.02 • 45:20 Md. R. 923 (9-28-18)

09.11.01.12 • 45:21 Md. R. 978 (10-12-18)

09.17.01.04 • 45:21 Md. R. 979 (10-12-18)

09.19.03.03 • 45:21 Md. R. 979 (10-12-18)

09.19.12.02 • 45:21 Md. R. 979 (10-12-18)

09.21.02.01 • 45:24 Md. R. 1168 (11-26-18)

09.22.01.16 • 45:23 Md. R. 1077 (11-9-18)

09.24.01.06 • 45:21 Md. R. 980 (10-12-18)

09.26.01.07 • 45:26 Md. R. 1253 (12-21-18)

09.28.02.07 • 45:24 Md. R. 1168 (11-26-18)

09.29.01.06 • 45:24 Md. R. 1169 (11-26-18)

09.32.01.05 • 45:19 Md. R. 869 (9-14-18)

09.34.01.11,.13 • 45:21 Md. R. 982 (10-12-18)

09.35.04.10 • 45:21 Md. R. 982 (10-12-18)

09.36.01.02 • 45:21 Md. R. 983 (10-12-18)

09.36.04.02—.04 • 45:21 Md. R. 983 (10-12-18)

09.38.01.05 • 45:21 Md. R. 983 (10-12-18)

09.39.02.01 • 45:21 Md. R. 984 (10-12-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

         Subtitles 01—08 (1st volume)

 

10.01.04.02 • 45:24 Md. R. 1169 (11-26-18)

 

          Subtitle 09 (2nd volume)

 

10.09.07.08 • 45:23 Md. R. 1077 (11-9-18)

10.09.10.07,.08,.11,.13 • 45:23 Md. R. 1080 (11-9-18)

10.09.20.14 • 45:23 Md. R. 1077 (11-9-18)

10.09.24.02,.03,.08-2 • 45:26 Md. R. 1253 (12-21-18)

10.09.27.06 • 45:23 Md. R. 1077 (11-9-18)

10.09.36.01,.03,.08,.09 • 45:1 Md. R. 21 (1-5-18)

                                       45:10 Md. R. 503 (5-11-18) (err)

10.09.53.07 • 45:23 Md. R. 1077 (11-9-18)

10.09.54.22 • 45:23 Md. R. 1077 (11-9-18)

10.09.56.22 • 45:23 Md. R. 1077 (11-9-18)

10.09.84.24 • 45:23 Md. R. 1077 (11-9-18)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.13.03.01—.04 • 45:13 Md. R. 675 (6-22-18)

10.21.04.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.16.01—.16 • 45:7 Md. R. 357 (3-30-18)

10.21.17.01—.17 • 45:7 Md. R. 357 (3-30-18)

10.21.18.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.19.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.20.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.21.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.22.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.25.03-2,.05—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.26.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.27.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.21.28.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.29.01—.09 • 45:7 Md. R. 357 (3-30-18)

10.22.17.06—.08 • 45:26 Md. R. 1255 (12-21-18)

10.22.18.04 • 45:26 Md. R. 1255 (12-21-18)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.08.01 • 45:25 Md. R. 1210 (12-7-18) (ibr)

10.24.17.01 • 45:23 Md. R. 1081 (11-9-18) (ibr)

10.24.20.01 • 45:25 Md. R. 1211 (12-7-18) (ibr)

10.27.01.01,.13 • 45:24 Md. R. 1170 (11-26-18)

10.27.06.01—.06 • 45:26 Md. R. 1264 (12-21-18)

10.27.17.01—.06 • 45:26 Md. R. 1265 (12-21-18)

10.32.05.01—.07 • 45:24 Md. R. 1171 (11-26-18)

10.34.05.05 • 45:26 Md. R. 1267 (12-21-18)

10.34.09.02 • 45:26 Md. R. 1267 (12-21-18)

10.36.10.01—.04 • 45:2 Md. R. 114 (1-19-18)

 

     Subtitles 37—66 (5th Volume)

 

10.42.01.01,.02,.04—.18 • 45:21 Md. R. 989 (10-12-18)

10.42.02.02—.06 • 45:21 Md. R. 989 (10-12-18)

10.42.08.01—.11 • 45:21 Md. R. 989 (10-12-18)

10.42.09.01,.04,.07 • 45:21 Md. R. 989 (10-12-18)

10.47.02.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.47.03.01—.07 • 45:7 Md. R. 357 (3-30-18)

10.47.04.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.47.05.01—.05 • 45:7 Md. R. 357 (3-30-18)

10.60.02.06 • 45:26 Md. R. 1268 (12-21-18)

10.62.01.01 • 45:26 Md. R. 1268 (12-21-18)

10.62.02.05 • 45:26 Md. R. 1268 (12-21-18)

10.62.08.05 • 45:26 Md. R. 1268 (12-21-18)

10.62.19.04 • 45:26 Md. R. 1268 (12-21-18)

10.62.25.05 • 45:26 Md. R. 1268 (12-21-18)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.02.03.10 • 45:23 Md. R. 1082 (11-9-18)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.01,.04 • 45:20 Md. R. 936 (9-28-18)

                            45:22 Md. R. 1033 (10-26-18) (err)

12.04.08.01—.05 • 45:25 Md. R. 1212 (12-7-18)

12.10.10.19 • 45:14 Md. R. 706 (7-6-18)

 

13A STATE BOARD OF EDUCATION

 

13A.01.05.01—.12 • 45:23 Md. R. 1083 (11-9-18)

13A.04.07.01—.04,.06 • 45:26 Md. R. 1269 (12-21-18)

13A.12.01.05 • 45:23 Md. R. 1087 (11-9-18)

13A.12.01.08-1 • 45:23 Md. R. 1087 (11-9-18)

13A.12.04.03 • 45:26 Md. R. 1270 (12-21-18)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.03.02,.20 • 45:26 Md. R. 1271 (12-21-18)

13B.08.21.01—.22 • 45:26 Md. R. 1272 (12-21-18)

13B.08.10.01—.17 • 45:24 Md. R. 1172 (11-26-18)

13B.08.20.01—.13 • 45:24 Md. R. 1179 (11-26-18)

13B.08.23.01—.11 • 45:22 Md. R. 1033 (10-26-18)

 

14 INDEPENDENT AGENCIES

 

14.22.01.01 • 45:25 Md. R. 1215 (12-7-18)

14.35.01.02 • 45:23 Md. R. 1088 (11-9-18)

14.35.07.01—.21 • 45:23 Md. R. 1089 (11-9-18)

14.35.14.01—.10 • 45:23 Md. R. 1099 (11-9-18)

14.35.15.01—.11 • 45:23 Md. R. 1102 (11-9-18)

14.35.16.01—.12 • 45:23 Md. R. 1105 (11-9-18)

14.35.17.01—.09 • 45:23 Md. R. 1109 (11-9-18)

 

15 DEPARTMENT OF AGRICULTURE

 

15.01.15.01—.05 • 45:16 Md. R. 781 (8-3-18)

15.01.16.01—.07 • 45:20 Md. R. 939 (9-28-18)

15.15.13.03,.05 • 45:7 Md. R. 380 (3-30-18)

 

20 PUBLIC SERVICE COMMISSION

 

20.53.06.02,.06,.07 • 45:25 Md. R. 1215 (12-7-18)

20.53.07.07 • 45:25 Md. R. 1216 (12-7-18)

20.53.08.01—.07 • 45:25 Md. R. 1216 (12-7-18)

20.59.06.06,.07 • 45:25 Md. R. 1217 (12-7-18)

20.59.07.07 • 45:25 Md. R. 1217 (12-7-18)

20.59.08.01—.07 • 45:25 Md. R. 1218 (12-7-18)

 

21 STATE PROCUREMENT REGULATIONS

 

21.01.02.01 • 45:20 Md. R. 942 (9-28-18)

21.01.03.01 • 45:20 Md. R. 942 (9-28-18)

21.02.01.05 • 45:20 Md. R. 942 (9-28-18)

21.02.05.04 • 45:20 Md. R. 942 (9-28-18)

21.05.01.01,.02,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.02.04,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.03.01—.03 • 45:20 Md. R. 942 (9-28-18)

21.05.06.01 • 45:20 Md. R. 942 (9-28-18)

21.05.07.01,.04,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.08 • 45:20 Md. R. 942 (9-28-18)

21.05.09.04,.05,.08 • 45:20 Md. R. 942 (9-28-18)

21.05.13.01—.07 • 45:20 Md. R. 942 (9-28-18)

21.07.01.19,.25 • 45:20 Md. R. 942 (9-28-18)

21.07.02.10 • 45:20 Md. R. 942 (9-28-18)

21.07.03.07,.08 • 45:20 Md. R. 942 (9-28-18)

21.10.04.04 • 45:20 Md. R. 942 (9-28-18)

21.11.01.01,.04—.06 • 45:20 Md. R. 942 (9-28-18)

21.11.03.10,.12,.12-1 • 45:20 Md. R. 942 (9-28-18)

21.11.05.01,.04,.07 • 45:20 Md. R. 942 (9-28-18)

21.11.13.01 • 45:20 Md. R. 942 (9-28-18)

21.13.01.17 • 45:20 Md. R. 942 (9-28-18)

                      45:21 Md. R. 1008 (10-12-18) (err)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

 

22.01.01.01,.02 • 45:23 Md. R. 1111 (11-9-18)

22.01.02.01—.16 • 45:24 Md. R. 1181 (11-26-18)

22.01.03.02,.03,.05,.07 • 45:23 Md. R. 1112 (11-9-18)

22.01.04.02—.05 • 45:23 Md. R. 1113 (11-9-18)

22.01.05.01,.02 • 45:23 Md. R. 1116 (11-9-18)

22.01.07.02,.03 • 45:23 Md. R. 1116 (11-9-18)

22.01.08.01—.03 • 45:23 Md. R. 1117 (11-9-18)

22.07.02.05 • 45:23 Md. R. 1118 (11-9-18)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.04.02.01,.05 • 45:3 Md. R. 167 (2-2-18)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.13.02,.04 • 45:14 Md. R. 708 (7-6-18)

                            45:25 Md. R. 1219 (12-7-18)

31.08.15.04,.05 • 45:10 Md. R. 518 (5-11-18)

31.10.06.02,.28,.30,.31 • 45:23 Md. R. 1119 (11-9-18)

 

33 STATE BOARD OF ELECTIONS

 

33.13.01.01 • 45:21 Md. R. 1003 (10-12-18)

33.13.07.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.10.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.15.13 • 45:21 Md. R. 1003 (10-12-18)

33.13.17.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.19.01—.04 • 45:21 Md. R. 1003 (10-12-18)

33.13.20.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.22.01—.07 • 45:21 Md. R. 1003 (10-12-18)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.01.01.01,.03—.06 • 45:23 Md. R. 1128 (11-9-18)

36.01.02.01—.06 • 45:23 Md. R. 1128 (11-9-18)

36.01.03.01—.07 • 45:23 Md. R. 1128 (11-9-18)

36.02.01.01 • 45:23 Md. R. 1128 (11-9-18)

36.02.02.01,.02,.05,.06,.10 • 45:23 Md. R. 1128 (11-9-18)

36.02.03.01—.11 • 45:23 Md. R. 1128 (11-9-18)

36.02.04.02—.05 • 45:23 Md. R. 1128 (11-9-18)

36.02.05.01,.02 • 45:23 Md. R. 1128 (11-9-18)

36.02.06.01,.04—.06,.08,.11,.12,.15,
     .18
• 45:23 Md. R. 1128 (11-9-18)

36.02.07.02 • 45:23 Md. R. 1128 (11-9-18)

36.02.08.01—.04,.06—.08 • 45:23 Md. R. 1128 (11-9-18)

36.03.01.02 • 45:23 Md. R. 1128 (11-9-18)

36.05.02.15 • 45:23 Md. R. 1128 (11-9-18)

36.09.01.01—.15 • 45:23 Md. R. 1128 (11-9-18)

 

 


The Governor 

EXECUTIVE ORDER 01.01.2018.30

Inter-Agency Heroin and Opioid Coordinating Council

(Amends Executive Order 01.01.2017.01)

 

WHEREAS, The State of Maryland faces a heroin and opioid epidemic; 

 

WHEREAS, Heroin and opioid drug dependency surged in Maryland over the last decade, resulting in a dramatic increase in heroin-related emergency room visits;

 

WHEREAS, The rise in the number of heroin and opioid overdose deaths represents an urgent and growing public health threat, cutting across all demographics and geographical settings in Maryland, and also represents a serious threat to the security and economic well-being of the State;

 

WHEREAS, Maryland State agencies have different expertise, capabilities, and data that, when shared, can better inform a coordinated, statewide response to the opioid overdose epidemic;

 

WHEREAS, Coordinated action among State agencies has made a greater impact in reducing abuse and overdose deaths; [and]

 

WHEREAS, Local collaboration in the sharing of data, expertise, and capabilities, and in the delivery of services, can further reduce abuse and overdose deaths[.];

 

WHEREAS, FOLLOWING THE MARCH 1, 2017, DECLARATION OF A STATE OF EMERGENCY IN RESPONSE TO THE HEROIN, OPIOID, AND FENTANYL CRISIS, THE OPIOID OPERATIONAL COMMAND CENTER ESTABLISHED A RESPONSE FRAMEWORK THAT EMPHASIZED A MULTIDISCIPLINARY, MULTIAGENCY INCIDENT MANAGEMENT STRUCTURE TO MOBILIZE AND COORDINATE STATE AND LOCAL STAKEHOLDERS; AND

 

WHEREAS, THE HEROIN, OPIOID, AND FENTANYL CRISIS REQUIRES THE CONTINUATION OF THIS HEIGHTENED RESPONSE FRAMEWORK AND ONGOING COOPERATION AND MOBILIZATION OF STATE AND LOCAL STAKEHOLDERS;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY AMEND EXECUTIVE ORDER 01.01.2017.01 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Establishment.  There is a Governor’s Inter-Agency Heroin and Opioid Coordinating Council (THE “Council).

B. Membership.

(1) The Council is a subcabinet of the Governor and shall consist of the heads of the following State UNITS [agencies] or their designeeS and such other [e]Executive B[b]ranch UNITS [agencies] as the Governor may designate:

(a) The Department of Health [and Mental Hygiene];

(b) The Department of State Police;

(c) The Department of Public Safety and Correctional Services;

(d) The Department of Juvenile Services;

(e) The Institute for Emergency Medical Services Systems; [and]

(f) The Maryland State Department of Education; AND

(G) THE MARYLAND EMERGENCY MANAGEMENT AGENCY.

(2) Staff members from the Offices of the Governor and Lieutenant Governor, including the Governor’s Office of Crime Control and Prevention [and the Office of Problem Solving Courts], will also be regular participants.

(3) Other State UNITS [agencies] may be asked to participate at the invitation of the Chair.

C. Duties.

(1) The [member] State UNITS [agencies (Agencies)] listed in Paragraph B (1)  (THE “AGENCIES”) shall seek opportunities to share data with one another and with the Office of the Governor for the purpose of supporting public health and public safety responses to the heroin and opioid epidemic. The Agencies shall share the data in their possession relevant to the epidemic to the maximum extent permitted by law.

(2) The Council shall develop recommendations for policy, regulations, or legislation to facilitate improved sharing of public health and public safety information among State UNITS [agencies].

(3) The Council shall update the Governor within 45 days of the date of this Executive Order, and biannually thereafter, on THE AGENCIES’ [each agency’s] efforts to address heroin and opioid education, treatment, interdiction, overdose, and recovery.

(4) On behalf of the Council, the [Department of Mental Health and Hygiene] OPIOID OPERATIONAL COMMAND CENTER shall submit an annual report to the Governor and the public in the form of the Inter-Agency Heroin and Opioid Coordination Plan.

D. Procedures.

(1) The [Secretary of the Department of Health and Mental Hygiene] LIEUTENANT GOVERNOR shall chair the Council.  The Chair shall:

(a) Oversee the implementation of this Executive Order and the work of the Council;

(b) Determine the Council’s agenda; and

(c) Identify additional support as needed.

(2) The Council shall meet on a quarterly basis, or more frequently if the members deem appropriate.

(3) In advance of each meeting of the Council, each of the Agencies shall provide updates to the Chair regarding ITS [the agency’s] efforts to share public safety and public health information relating to the heroin and opioid epidemic.

(4) A majority of the Council members shall constitute a quorum for the transaction of any business.

(5) The Council may adopt other procedures as necessary to ensure the orderly transaction of business.

E. Opioid Operational Command Center.

(1) TO REFLECT THE NEED FOR AN ONGOING HEIGHTENED RESPONSE FRAMEWORK TO THE HEROIN, OPIOID, AND FENTANYL CRISIS, [T]There is an Opioid Operational Command Center (THE “Center”) within the [Council] THE MARYLAND EMERGENCY MANAGEMENT AGENCY.

(2) THE CENTER SHALL BE MANAGED BY AN EXECUTIVE DIRECTOR, WHO SHALL BE PRIMARILY RESPONSIBLE FOR COORDINATING INTERAGENCY ACTIVITIES IN RESPONSE TO THE HEROIN, OPIOID, AND FENTANYL CRISIS THROUGHOUT THE STATE AND SHALL BE THE STATE’S PRINCIPAL COORDINATOR WITH LOCAL, REGIONAL, AND FEDERAL COUNTERPART ORGANIZATIONS ON ISSUES RELATED TO THE HEROIN, OPIOID, AND FENTANYL CRISIS.

(3) THE EXECUTIVE DIRECTOR IS RESPONSIBLE FOR THE DAILY OPERATION AND ADMINISTRATION OF THE CENTER. THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.

(4) The Center shall:

(a) Develop operational strategies to continue implementing the recommendations of the Heroin and Opioid Emergency Task Force authorized by Executive Order 01.01.2015.12;

(b) CONTINUE TO CARRY OUT MARYLAND’S CENTRALIZED, COORDINATED RESPONSE TO THE HEROIN, OPIOID, AND FENTANYL CRISIS THROUGH THE IMPLEMENTATION OF THE INTER-AGENCY HEROIN AND OPIOID COORDINATION PLAN REQUIRED BY PARAGRAPH (C)(4);

([B]C) Collect, analyze, and facilitate the sharing of data relevant to the epidemic from state and local sources while maintaining the privacy and security of sensitive personal information;

([C]D) Develop [a] memorandA[um] of understanding among state and local agencies that provide[s] for the sharing and collection of health and public safety information and data relating to the heroin [and], opioid, AND FENTANYL epidemic;

([D]E) Assist and support local agencies in the creation of Opioid Intervention Teams that will share such data; [and]

([E]F) Coordinate the training of and provide resources for UNITS OF state and local GOVERNMENT [agencies] addressing the threat to the public health, security, and economic well-being of the State POSED BY THE HEROIN, OPIOID, AND FENTANYL CRISIS[.]; AND  

(G) PROVIDE STAFF TO THE COUNCIL.

F. OPIOID INTERVENTION TEAMS.

(1) PRIOR TO RECEIVING FUNDS FROM THE CENTER, EACH COUNTY AND THE CITY OF BALTIMORE (“COUNTIES”) SHALL ESTABLISH AN OPIOID INTERVENTION TEAM. AN OPIOID INTERVENTION TEAM SHALL INCLUDE, BUT IS NOT LIMITED TO, INDIVIDUALS WITH EXPERIENCE IN:

(A) EMERGENCY MANAGEMENT;

(B) HEALTH;

(C) LAW ENFORCEMENT;

(D) SOCIAL SERVICES;

(E) EDUCATION; AND

(F) PRIVATE SECTOR, NON-PROFIT, COMMUNITY, AND FAITH‑BASED ORGANIZATIONS.

(2) A COUNTY MAY DESIGNATE MULTIDISCIPLINARY AND MULTIAGENCY DRUG OVERDOSE FATALITY REVIEW TEAMS AS ESTABLISHED UNDER HEALTH -- GENERAL ARTICLE § 5-902, LOCAL ADDICTION AUTHORITIES AS DEFINED IN HEALTH -- GENERAL ARTICLE § 7.5-101, OR LOCAL BEHAVIORAL HEALTH AUTHORITIES AS DEFINED IN HEALTH -- GENERAL ARTICLE § 7.5‑101 AS THE OPIOID INTERVENTION TEAM.

(3) OPIOID INTERVENTION TEAMS WILL DISTRIBUTE ANY FUNDS THE CENTER PROVIDES TO LOCAL GOVERNMENTS AND UNITS AS PROVIDED FOR IN THE STATE BUDGET.

G. OPIOID SPENDING PLANS.

(1) EACH UNIT OF STATE GOVERNMENT SUBJECT TO THE SUPERVISION AND DIRECTION OF THE GOVERNOR THAT SPENDS FUNDS TO ADDRESS THE HEROIN, OPIOID, AND FENTANYL CRISIS SHALL SUBMIT TO THE CENTER:

(A) BY SEPTEMBER 1 OF EACH YEAR, AN ANNUAL SPENDING PLAN FOR ALL FUNDING USED TO ADDRESS THE HEROIN, OPIOID, AND FENTANYL OVERDOSE CRISIS;

(B) ALTERATIONS TO THE PLAN THAT EXCEED $2 MILLION; AND

(C) ACCOUNTS OF NEW SPENDING OF FUNDS THAT EXCEED $2 MILLION USED TO ADDRESS THE HEROIN, OPIOID, AND FENTANYL CRISIS.

(2) THE CENTER SHALL PROVIDE ADVICE AND CONSENT ON EACH ANNUAL PLAN, ALTERATIONS TO THE PLAN THAT EXCEED $2 MILLION, AND NEW SPENDING OF FUNDS THAT EXCEED $2 MILLION.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 12th Day of December 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-26-16]

 


The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated November 26, 2018, ALEXANDER FERNANDEZ, 3400 Belleview Avenue, Cheverly, Maryland 20785, has been disbarred by consent, effective immediately, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated September 28, 2018, DALE EDWARD ROWLAND, 9601 Baltimore Avenue, Suite 206, College Park, Maryland 20740, has been indefinitely suspended by consent, effective November 27, 2018, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated November 5, 2018, CHARLES BOILEAU BAILEY, 2316 Dargan Road, Sharpsburg, Maryland 21782, has been suspended by consent for thirty (30) days, effective December 5, 2018, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[18-26-12]

 

 


Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, §4-1015.1, Annotated Code of Maryland

Notice of Final Action

[18-285-F]

On December 11, 2018, the Secretary of Natural Resources adopted amendments to Regulation .05 under COMAR 08.02.04 Oysters. This action, which was proposed for adoption in 45:22 Md. R. 1029 (October 26, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.26 Shell Recycling Tax Credit

Authority: Tax-General Article, §10-724.1, Annotated Code of Maryland

Notice of Final Action

[18-281-F]

On December 11, 2018, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.26 Shell Recycling Tax Credit. This action, which was proposed for adoption in 45:22 Md. R. 1030 (October 26, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 01 OFFICE OF THE SECRETARY

09.01.13 Regulation of Units to Prevent Anticompetitive Actions

Authority: State Government Article, §8-205.1, Annotated Code of Maryland

Notice of Final Action

[18-287-F]

On December 11, 2018, the Secretary of Labor, Licensing, and Regulation adopted new Regulation .01 under a new chapter, COMAR 09.01.13 Regulation of Units to Prevent Anticompetitive Actions. This action, which was proposed for adoption in 45:22 Md. R. 1030—1031 (October 26, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

 

Subtitle 09 BOARD OF MASTER ELECTRICIANS

09.09.03 General Regulations

Authority: Business Occupations and Professions Article, §§ 6-205(2),
 6-314(2), and 6-316(a)(9), Annotated Code of Maryland

Notice of Final Action

[18-274-F]

On November 27, 2018, the Board of Master Electricians adopted new Regulation .01 under a new chapter, COMAR 09.09.03 General Regulations. This action, which was proposed for adoption in 45:21 Md. R. 977 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBIN BAILEY
Executive Director
Mechanical Boards

 

Subtitle 15 STATE BOARD OF HEATING, VENTILATION, AIR-CONDITIONING, AND REFRIGERATION CONTRACTORS

09.15.02 General Regulations

Authority: Business Regulation Article, §§9A-205(a)(1), 9A-310(a)(1)(xii), and 9A-401(c), Annotated Code of Maryland

Notice of Final Action

[18-277-F]

On November 27, 2018, the Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors adopted amendments to Regulation .09 and adopted new Regulation .10 under COMAR 09.15.02 General Regulations. This action, which was proposed for adoption in 45:21 Md. R. 978—979 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBIN BAILEY
Executive Director
Mechanical Boards

 

Subtitle 16 BOARD OF BARBERS

09.16.01 General Regulations

Authority: Business Occupations and Professions Article, Title 4, Annotated Code of Maryland

Notice of Final Action

[18-288-F]

On December 11, 2018, the Board of Barbers adopted Regulation .12 under COMAR 09.16.01 General Regulations. This action, which was proposed for adoption in 45:22 Md. R. 1031 (October 26, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ERICA LEWIS
Executive Director
Board of Barbers

 

Subtitle 20 BOARD OF PLUMBING

09.20.03 General Regulations

Authority: Business Occupations and Professions Article, §§12-207(a),
12-311(c), and 12-312(a)(1)(xiii), Annotated Code of Maryland

Notice of Final Action

[18-273-F]

On November 27, 2018, the Board of Plumbing adopted new Regulation .03 under COMAR 09.20.03 General Regulations. This action, which was proposed for adoption in 45:21 Md. R. 980 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBIN BAILEY
Executive Director
Mechanical Boards

 

Subtitle 25 SECONDHAND PRECIOUS METALS AND GEM DEALERS AND PAWNBROKERS

09.25.03 General Regulations

Authority: Business Regulation Article, §§12-103, 12-207(g), and
12-209(a)(2)(ix), Annotated Code of Maryland

Notice of Final Action

[18-275-F]

On November 27, 2018, the Secretary of Labor, Licensing, and Regulation adopted new Regulation .01 under a new chapter, COMAR 09.25.03 General Regulations. This action, which was proposed for adoption in 45:21 Md. R. 981 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

 

Subtitle 40 LOCKSMITHS

09.40.02 General Regulations

Authority: Business Regulation Article, §§12.5-104, 12.5-209(g), and
12.5-211(a)(1)(xiii), Annotated Code of Maryland

Notice of Final Action

[18-278-F]

On November 27, 2018, the Secretary of Labor, Licensing, and Regulation adopted new Regulation .01 under a new chapter, COMAR 09.40.02 General Regulations. This action, which was proposed for adoption in 41:21 Md. R. 985 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.02 Physicians’ Services

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[18-247-F-I]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .07 under COMAR 10.09.02 Physicians’ Services. This action, which was proposed for adoption in 45:20 Md. R. 925—926 (September 28, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

[18-240-F]

On December 3, 2018, the Secretary of Health adopted:

(1) Amendments to Regulation .01 under COMAR 10.09.03 Pharmacy Services; and

(2) New Regulations .01—.08 under a new chapter, COMAR 10.09.21 Pharmacists.

This action, which was proposed for adoption in 45:19 Md. R. 869—870 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.06 Adult Residential Substance Use Disorder Services

Authority: Health-General Article, §§2-104(b), 7.5-204(c), 7.5-205(d), and 15-105(b), Annotated Code of Maryland

Notice of Final Action

[18-252-F]

On November 29, 2018, the Secretary of Health adopted amendments to Regulations .04, .06, and .09 under COMAR 10.09.06 Adult Residential Substance Use Disorder Services. This action, which was proposed for adoption in 45:20 Md. R. 926—927 (September 28, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 31, 2018.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .04C(1): In consideration of the comments received, the Program has replaced the term “activities” with the term “services” to be consistent throughout with this level of care.

Regulation .04C(3)(a): In consideration of the comments received, the Program has replaced the term “facility” with the term “program” as the regulations are applied across the program’s residential housing and are inclusive of those programs that use multiple individual houses for treatment versus a facility which may house more than 16 beds.

Regulation .04C(3)(b): In response to the comments received, the Program has revised the staffing requirements to include the use of a clinical director serving the program 20 hours a week and specified the license requirements for the clinical director to clarify the role and its responsibilities. Additionally, the Program has replaced the term “facility” with the term “program” throughout this paragraph. Furthermore, the Program has corrected the codification of this section to reflect these additions.

Regulation .04C(3)(c): In response to the comments received, the Program has added a licensed or certified counselor to the staffing requirements.

Regulation .04C(3)(e)(i)—(iii): In response to the comments received, the Program has updated the requirements of the staff member on duty to reflect that the individual shall be trained in the administration of Narcan and in crisis intervention. Furthermore, the Program has corrected the codification of this section to reflect these additions.

Regulation .06A(1): In response to comments received, the Program has replaced the term “treatment” with the term “services”.

.04 Conditions for Participation

A.—B. (proposed text unchanged)

C. A residential, low-intensity level 3.1 provider shall:

(1) Provide therapeutic [[activities]] services for a minimum of 5 hours per week;

(2) (proposed text unchanged)

(3) At a minimum, maintain the following staff:

(a) A part-time [[facility]] program director on-site 20 hours per week;

(b) A [[supervisor]] clinical director serving the program 20 hours per week who:

[[(i) Is on-site 40 hours per week;]]

[[(ii)]] (i) May also be the [[facility]] program director [[if 20 hours per week are spent as the facility director and 20 hours per week are spent as the supervisor]];

[[(iii)]] (ii) Is responsible for the supervision of the [[facility’s]] program’s clinical services, counselors, peer support staff, and coordination of all care provided by outside programs; and

[[(iv)]] (iii) (proposed text unchanged)

(c) A licensed or certified counselor on-site 40 hours per week;

[[(c)]] (d) Peer support staff; and

[[(d)]] (e) At least one staff member [[who is certified in cardiopulmonary resuscitation, and who has been trained in crisis intervention to be]] on duty between 11 p.m. and 7 a.m. who is:

(i) Certified in cardiopulmonary resuscitation;

(ii) Certified in Narcan administration; and

(iii) Trained in crisis intervention.

D.G. (proposed text unchanged)

.06 Covered Services.

A. A residential, low intensity level 3.1 provider shall provide:

(1) Therapeutic substance use disorder [[treatment]] services for a minimum of 5 hours per week; and

(2) (proposed text unchanged)

B.E. (proposed text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.20 Community Personal Assistance Services

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[18-268-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulations .01, .04—.06, .10, and .13 under COMAR 10.09.20 Community Personal Assistance Services. This action, which was proposed for adoption in 45:21 Md. R. 985—986 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[18-241-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulations .01-1, .02, .04, and .06 under COMAR 10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services. This action, which was proposed for adoption in 45:19 Md. R. 871—872 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility

Authority: Estates and Trusts Article, §14.5-1002; Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407; Annotated Code of Maryland

Notice of Final Action

[18-232-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .04-1 under COMAR 10.09.24 Medical Assistance Eligibility. This action, which was proposed for adoption in 45:19 Md. R. 872 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

[18-237-F]

On December 3, 2018, the Secretary of Health adopted:

(1) Amendments to Regulations .02—.04, .08, .09, and .11 under COMAR 10.09.37 Family Planning Program Eligibility; and

(2) Amendments to Regulations .01—.07 under COMAR 10.09.58 Family Planning Program.

This action, which was proposed for adoption in 45:19 Md. R. 872—876 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.48 Targeted Case Management for People with Developmental Disabilities

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[18-239-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .08 under COMAR 10.09.48 Targeted Case Management for People with Developmental Disabilities. This action, which was proposed for adoption in 45:19 Md. R. 876—877 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.52 Service Coordination for Children with Disabilities

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[18-235-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .04-2 under COMAR 10.09.52 Service Coordination for Children with Disabilities. This action, which was proposed for adoption in 45:19 Md. R. 877 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.59 Specialty Mental Health Services

Authority: Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, and 15-105.2, Annotated Code of Maryland

Notice of Final Action

[18-242-F]

On November 29, 2018, the Secretary of Health adopted amendments to Regulations .04 and .07 under COMAR 10.09.59 Specialty Mental Health Services. This action, which was proposed for adoption in 45:19 Md. R. 877—878 (September 14, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 31, 2018.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .04A(2): In order to reflect the proposed deletion of a paragraph, the Program is correcting the codification of a list.

Regulation .04B(4): In response to the comments received and to comply with S.B. 704 (Ch. 691, Acts of 2018) regarding proposed restrictions on telehealth services, the Program is deleting language to eliminate certain restrictions on mobile treatment or ACT services and adding an effective date range to reflect the termination date prescribed by legislation.

Regulation .07V: In response to the comments received and to comply with S.B. 704 (Ch. 691, Acts of 2018) regarding proposed restrictions on telehealth services, the Program is deleting language to eliminate certain restrictions on mobile treatment or ACT services.

.04 Provider Requirements for Participation.

A. Individual Practitioner Providers. To participate in the Program as an individual practitioner of specialty mental health services, the provider shall:

(1) (proposed text unchanged)

(2) Demonstrate, by training and experience, the competency to provide mental health services as one of the following:

(a)(f) (proposed text unchanged)

[[(h)]] (g)[[(i)]] (h) (proposed text unchanged)

B. Community Mental Health Program Providers. To participate in the Program as a community-based mental health program provider, the provider shall be approved under COMAR 10.63.01, 10.63.02, and 10.63.06 and possess licensure by the Behavioral Health Administration as:

(1)—(3) (proposed text unchanged)

(4) [[A]] For dates of service between October 1, 2018 and September 30, 2020, a health care service provided through [[telemedicine]] telehealth is equivalent to the same health care service provided through an in-person visit if the service provided through telemedicine is provided by a fully integrated psychiatrist attached to an ACT or mobile treatment program[[, with the following exceptions:

(a) An ACT or mobile treatment program shall attempt to engage an individual via an in-person visit with a psychiatrist prior to disenrolling an individual due to disengagement;

(b) A psychiatrist shall engage with an individual via an in-person visit when an individual is transitioning from inpatient treatment; and

(c) A psychiatrist shall engage with an individual via an in-person visit when prescribing medications]].

(5) (proposed text unchanged)

C.—D. (proposed text unchanged)

.07 Limitations.

The Program does not cover the following:

A.—U. (text unchanged)

V. [[Except as provided in Regulation .04B(4) of this chapter,]] Mobile Treatment or ACT Services without a minimum of four in-person services provided per month;

W.—X. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

[18-253-F]

On December 3, 2018, the Secretary of Health adopted:

(1) Amendments to Regulation .01 under COMAR 10.09.62 Maryland Medicaid Managed Care Program: Definitions;

(2) Amendments to Regulation .06 under COMAR 10.09.63 Maryland Medicaid Managed Care Program: Eligibility and Enrollment;

(3) Amendments to Regulation .05 under COMAR 10.09.64 Maryland Medicaid Managed Care Program: MCO Application;

(4) Amendments to Regulations .05, .12, and .15, repeal existing Regulation .19-5, and adopt new Regulation .19-5 under COMAR 10.09.65 Maryland Medicaid Managed Care Program: Managed Care Organizations;

(5) Amendments to Regulations .04, .05, .05-1, .06, .07, and .09 under COMAR 10.09.66 Maryland Medicaid Managed Care Program: Access;

(6) The repeal of Regulation .30 under COMAR 10.09.67 Maryland Medicaid Managed Care Program: Benefits;

(7) Amendments to Regulation .01 under COMAR 10.09.68 Maryland Medicaid Managed Care Program: Program Integrity;

(8) Amendments to Regulations .01—.03, .04, and .05 and adopt new Regulations .02-1 and .03-2 under COMAR 10.09.71 Maryland Medicaid Managed Care Program: MCO Dispute Resolution Procedures;

(9) The repeal of Regulations .01—.06 under COMAR 10.09.72 Maryland Medicaid Managed Care Program: Departmental Dispute Resolutions Procedures;

(10) Amendments to Regulation .01, repeal existing Regulation .02, and adopt new Regulation .02 under COMAR 10.09.73 Maryland Medicaid Managed Care Program: Sanctions;

(11) Amendments to Regulation .05 under COMAR 10.09.75 Maryland Medicaid Managed Care Program: Corrective Managed Care; and

(12) Amendments to Regulations .08 under COMAR 10.09.86 Maryland Medicaid Managed Care Program: Independent Review Organization (IRO).

This action, which was proposed for adoption in 45:20 Md. R. 927—935 (September 28, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 31, 2018.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 10.09.66.06A(6)(b): The Program is correcting the time and distance standards for suburban pediatric subspecialist types.

 

10.09.66 Maryland Medicaid Managed Care Program: Access

Authority: Health-General Article, §§15-102.1(b)(10) and 15-103(b), Annotated Code of Maryland

.06 Geographical Access.

A. Except as provided in §C of this regulation, an MCO shall develop and maintain a provider network that meets the following time and distance standards:

(1)(5) (proposed text unchanged)

(6) For pediatric subspecialty types, as defined in Regulation .05-1A(2)(d) of this chapter[[;]]:

(a) (proposed text unchanged)

(b) In suburban areas, within [[60]] 80 minutes or [[45]] 60 miles; and

(c) (proposed text unchanged)

B.—E. (proposed text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.65 Maryland Medicaid Managed Care Program: Managed Care Organizations

Authority: Health-General Article, §§2-104, 15-102.3, and 15-103; Insurance Article, §§15-112, 15-605, and 15-1008; Annotated Code of Maryland

Notice of Final Action

[18-254-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulations .03 under COMAR 10.09.65 Maryland Medicaid Managed Care Program: Managed Care Organizations. This action, which was proposed for adoption in 45:20 Md. R. 935—936 (September 28, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 31, 2018.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .03B(3)(h)(iii): In order to correct an oversight in the Notice of Proposed Action and to reflect the deletion of one of the core performance measures, the Program is correcting a reference to the subparagraphs where the core performance measures are listed and updating the value of one incentive payment from 1/10 of one percent to 1/9 of one percent.

Regulation .03B(3)(h)(v): In order to correct an oversight in the Notice of Proposed Action and to reflect the deletion of one of the core performance measures, the Program is updating the value of one incentive payment from 1/10 of one percent to 1/9 of one percent.

.03 Quality Assessment and Improvement.

A. (proposed text unchanged)

B. An MCO shall participate in all quality assessment activities required by the Department to determine if the MCO is providing medically necessary enrollee health care. These activities include, but are not limited to:

(1)—(2) (proposed text unchanged)

(3) The annual collection and evaluation of a set of performance measures with targets as determined by the Department as follows:

(a)—(g) (proposed text unchanged)

(h) Starting with the 2019 performance measures, the Department shall implement the following methodology for imposing penalties and incentives:

(i)—(ii) (proposed text unchanged)

(iii) On any of the measures in [[§B(3)(f)(i)—(x)]] §B(3)(f)(i)—(ix) of this regulation for which the MCO does not meet the minimum target, as determined by the Department, a penalty of [[1/10]] 1/9 of 1 percent of the total capitation amount paid to the MCO during the measurement year shall be collected;

(iv) (proposed text unchanged)

(v) On any of the measures in §B(3)(f) of this regulation for which the MCO meets or exceeds the incentive target, as determined by the Department, the MCO shall be paid an incentive payment of up to [[1/10]] 1/9 of 1 percent of the total capitation paid to the MCO during that measurement year;

(vi)—(vii) (text unchanged)

(i)—(j) (proposed text unchanged)

(4)(7) (proposed text unchanged)

C.—D. (proposed text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.95 Special Psychiatric Hospitals

Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[18-233-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .07 under COMAR 10.09.95 Special Psychiatric Hospitals. This action, which was proposed for adoption in 45:19 Md. R. 878—879 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 15 FOOD

10.15.03 Food Service Facilities

Authority: Health-General Article, §§18-102, 21-101, 21-102, 21-211,
21-234, 21-301, 21-304, and 21-308, Annotated Code of Maryland

Notice of Final Action

[18-265-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulations .02, .25, and .28 under COMAR 10.15.03 Food Service Facilities. This action, which was proposed for adoption in 45:21 Md. R. 986—988 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 22 DEVELOPMENTAL DISABILITIES

10.22.16 Informal Hearings Under the Maryland Developmental Disabilities Law

Authority: Health-General Article, §§7-401 and 7-406, Annotated Code of Maryland

Notice of Final Action

[18-157-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.22.16 Informal Hearings Under the Maryland Developmental Disabilities Law. This action, which was proposed for adoption in 45:13 Md. R. 676—677 (June 22, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.09 Delegation and Assignment of Performance of Cosmetic Medical Procedures and Use of Cosmetic Medical Devices

Authority: Health Occupations Article, §§14-205, 14-306, 14-404, 14-606, and 15-302, Annotated Code of Maryland

Notice of Final Action

[18-238-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .02 under COMAR 10.32.09 Delegation and Assignment of Performance of Cosmetic Medical Procedures and Use of Cosmetic Medical Devices. This action, which was proposed for adoption in 45:19 Md. R. 879 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 34 BOARD OF PHARMACY

10.34.32 Pharmacist Administration of Vaccinations

Authority: Health-Occupations Article, §§12-205 and 12-508, Annotated Code of Maryland

Notice of Final Action

[18-234-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.34.32 Pharmacist Administration of Vaccinations. This action, which was proposed for adoption in 45:19 Md. R. 879—880 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 35 POSTMORTEM EXAMINERS COMMISSION

10.35.01 Medical Examiner Cases

Authority: Health-General Article, §§5-306(e) and 5-307, Annotated Code of Maryland

Notice of Final Action

[18-261-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulation .19 under COMAR 10.35.01 Medical Examiner Cases. This action, which was proposed for adoption in 45:21 Md. R. 988—989 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 57 BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

Notice of Final Action

[18-264-F]

On December 3, 2018, the Secretary of Health adopted amendments to:

(1) Regulations .04 and .05 under COMAR 10.57.02 Certification — Residential Child Care Program Administrators; and

(2) Regulations .05 and .06 under COMAR 10.57.03 Certification — Residential Child and Youth Care Practitioners.

This action, which was proposed for adoption in 45:21 Md. R. 998—999 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS

Notice of Final Action

[18-231-F]

On December 3, 2018, the Secretary of Health adopted:

(1) Amendments to Regulation .03 under COMAR 10.58.01 General Regulations;

(2) Amendments to Regulation .03 under COMAR 10.58.11 Advanced Assessment Activities; and

(3) New Regulations .01—.09 under a new chapter, COMAR 10.58.17 Art Therapists.

This action, which was proposed for adoption in 45:19 Md. R. 880—885 (September 14, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 31, 2018.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 10.58.17.01B: The effective date of COMAR 10.58.17 is being inserted into the regulation text.

 

10.58.17 Art Therapists

Authority: Health Occupations Article, §17–101, 17–205, 17–301, 17–304.1, 17–304.2, 17–307.1, 17–309, 17–501.1, 17–502—17–505, 17-507, and
17-509, Annotated Code of Maryland

.01 Scope.

A. (proposed text unchanged)

B. On or after [[the effective date of this chapter]] December 31, 2018, an approved art therapy supervisor shall follow the requirements set forth in Regulations .06—.08 of this chapter.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS

10.58.07 Alcohol and Drug Counselors — Requirements for Certification and Licensure

Authority: Health Occupations Article, §§17-101, 17-102, 17-205, 17-301, 17-302, 17-305, 17-308, 17-309(a)—(c)[[,]] and (g), 17-401(b), 17-403—
17-407, and 17-501—17-509, Annotated Code of Maryland

Notice of Final Action

[18-236-F]

On December 3, 2018, the Secretary of Health adopted amendments to Regulations .02—.04 and .06—.08, the repeal of existing Regulations .09—.11 and .13—.16, amendments to and the recodification of existing Regulations .17—.20 to be Regulations .09—.12, and the recodification of existing Regulation .12 to be Regulation .13 under COMAR 10.58.07 Alcohol and Drug Counselors — Requirements for Certification and Licensure. This action, which was proposed for adoption in 45:19 Md. R. 885—894 (September 14, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS

10.65.01 General Regulations

Authority: General Provisions Article, §4-333(c); Health Occupations Article, §§6-101, 6-102, 6-201—6-206, 6-301—6-306, and 6-504; Annotated Code of Maryland

Notice of Final Action

[18-282-F]

On December 11, 2018, the Secretary of Health adopted amendments to Regulations .06 and .07 and adopted new Regulation .16 under COMAR 10.65.01 General Regulations. This action, which was proposed for adoption in 45:22 Md. R. 1031—1033 (October 26, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

ROBERT R. NEALL
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 06 MARYLAND TRANSIT ADMINISTRATION

11.06.02 Parking and Control of Vehicles on Maryland Transit Administration Property

Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland

Notice of Final Action

[18-189-F]

On September 25, 2018, the Administrator of the Maryland Transit Administration adopted amendments to Regulation .08 under COMAR 11.06.02 Parking and Control of Vehicles on Maryland Transit Administration Property. This action, which was proposed for adoption in 45:15 Md. R. 737 (July 20, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

KEVIN B. QUINN, JR.
Administrator
Maryland Transit Administration

 

Subtitle 06 MARYLAND TRANSIT ADMINISTRATION

11.06.03 Prohibition of Smoking on Board Maryland Transit Administration Passenger Cars

Authority: Transportation Article, §§7-7204(c) and 7-903, Annotated Code of Maryland

Notice of Final Action

[18-107-F]

On September 11, 2018, the Maryland Transit Administration adopted the repeal of Regulations .01 and .02 under COMAR 11.06.03 Prohibition of Smoking on Board Maryland Transit Administration Passenger Cars. This action, which was proposed for adoption in 45:9 Md. R. 469 (April 27, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

KEVIN B. QUINN, JR.
Administrator
Maryland Transit Administration

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.02 Graduation Requirements for Public High Schools in Maryland

Authority: Education Article, §§2-205, 7-203, 7-205, and 7-205.1, Annotated Code of Maryland

Notice of Final Action

[18-256-F]

On December 4, 2018, the Maryland State Board of Education adopted amendments to Regulation .08 under COMAR 13A.03.02 Graduation Requirements for Public High Schools in Maryland. This action, which was proposed for adoption in 45:20 Md. R. 937 (September 28, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 31, 2018.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 13A.03.02.08A: The text has been amended to add the term “public” as a modifier of “school” to clarify that the regulation requiring each school system to recognize and accept any and all credits a student earns in school, means “public schools” only. This change is non-substantive because the State Board’s legal authority in this matter extends only to public, not non-public schools. The change makes explicit what was implicit in the regulation. Thus, the change could have been anticipated and it does not differ substantively from the proposed text.

COMAR 13A.03.02.08(B)(5): The text was amended to change “30 days” to “45 days” as the timeline for making grade changes and to add “For a change of grade for the 4th marking period, the timeline would begin on the first day of school in the new school year.” Forty-five days is the length of a grading period and thus matches the school schedule better than the 30-day period. Likewise, allowing the grade changes timeline to begin on the first day in the new school year reflects the school schedule. Both changes were requested by stakeholders. The changes neither add to nor diminish the position of any group affected by the regulation and could have been anticipated as a reasonable approach given the school schedule. For all those reasons, the changes do not differ substantively from the proposed text.

.08 Grading and Reporting.

A. Each school system in Maryland shall recognize and accept any and all credits a student earned toward graduation in any other public school [[system]] in Maryland.

B. Each local school system shall develop a written policy on grading and reporting that complies with the student record requirements as set forth in COMAR 13A.08.02 and that includes:

(1)—(4) (proposed text unchanged)

(5) An explanation of grade changing procedures, including:

(a) A timeline for final grade changes that cannot exceed [[30]] 45 school days following the last day of the grading period[[;]]. For a change of grade for the fourth marking period, the timeline would begin on the first day of school in the new school year;

(b)—(e) (proposed text unchanged)

C.—D. (proposed text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 06 SUPPORTING PROGRAMS

13A.06.07 Student Transportation

Authority: Education Article, §§2-205, 5-205, and 8-410, Annotated Code of Maryland

Notice of Final Action

[18-243-F]

On December 4, 2018, the Maryland State Board of Education adopted amendments to Regulations .01, .06—.08, and .10 under COMAR 13A.06.07 Student Transportation. This action, which was proposed for adoption in 45:19 Md. R. 895—897 (September 14, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 31, 2018.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulations .07C(1)(b) and .08B(4) add the crime of second degree assault as a discretionary reason for a local school system supervisor of transportation to disqualify a school vehicle driver, a school vehicle driver trainee, or a school vehicle attendant from employment in those positions. In response to public comments, the agency added a second sentence to both regulations to clarify that employment disqualification for second degree assault is within the discretion of the supervisor of transportation and is not an automatic reason for disqualification. The clarification is consistent with the intent of the original proposal. The agency’s changes to the original proposal do not change the position of any group affected by the regulation, decrease any benefits, or increase administrative burdens.

.07 School Vehicle Driver and Trainee Disqualifying Conditions and Termination.

A.—B. (proposed text unchanged)

C. Disqualification for Criminal Conduct.

(1) A local school system shall disqualify an individual school vehicle driver or trainee from operating a school vehicle if the individual:

(a) (proposed text unchanged)

(b) Has a criminal history, including second degree assault, which in the opinion of the supervisor of transportation, makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.

(2)—(4) (proposed text unchanged)

D.—F. (proposed text unchanged)

.08 School Vehicle Attendant Qualifications and Disqualifications.

A. (proposed text unchanged)

B. Disqualifications for Criminal Conduct.

(1)—(3) (proposed text unchanged)

(4) An individual may not serve as a school vehicle attendant if the supervisor of transportation has evidence of criminal history, including second degree assault, which in the opinion of the supervisor makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.

C.—D. (proposed text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 06 SUPPORTING PROGRAMS

13A.06.09 Maryland Early Literacy Initiative

Authority: Education Article, §§2-205 and 5-216, Annotated Code of Maryland; Ch. 361, Acts of 2018

Notice of Final Action

[18-255-F]

On December 4, 2018, the Maryland State Board of Education adopted new Regulations .01—.05 under a new chapter, COMAR 13A.06.09 Maryland Early Literacy Initiative. This action, which was proposed for adoption in 45:20 Md. R. 938—939 (September 28, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.15 Required Animal Cruelty Reporting

Authority: Agriculture Article, §§2-103, 2-304, 2-310, and 2-313.1, Annotated Code of Maryland

Notice of Final Action

[18-259-F]

On December 2, 2018, the Secretary of Agriculture adopted the repeal of existing Regulations .01—.03 and new Regulations .01—.05 under COMAR 15.14.15 Required Animal Cruelty Reporting. This action, which was proposed for adoption in 45:21 Md. R. 1001—1002 (October 12, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

JOSEPH BARTENFELDER
Secretary of Agriculture

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 09 MARYLAND CO2 BUDGET TRADING PROGRAM

Notice of Final Action

[18-284-F-I]

On December 11, 2018, the Secretary of the Environment adopted:

(1) Amendments to Regulations .01 — .05 under COMAR 26.09.01 General Administrative Provisions;

(2) Amendments to Regulations .03, .04, .06, .07, and .11 under COMAR 26.09.02 Applicability, Determining Compliance, and Allowance Distribution;

(3) Amendments to Regulations .01 — .03, the repeal of existing Regulations .04 and .06, amendments to and the recodification of existing Regulations .05 and .07 to be Regulations .04 and .05, respectively, and the recodification of existing Regulations .08 and .09 to be Regulations .06 and .07, respectively, under COMAR 26.09.03 Offset Projects; and

(4) Amendments to Regulation .06 under COMAR 26.09.04 Auctions.

This action, which was proposed for adoption in 45:22 Md. R. 1036—1048 (October 26, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

 


Proposed Action on Regulations

 


 



Title 04
DEPARTMENT OF GENERAL SERVICES

Subtitle 05 BUILDINGS AND GROUNDS

Notice of Proposed Action

[18-347-P]

The Secretary of General Services proposes to adopt amendments to:

(1) Regulation .07 under COMAR 04.05.01 General Regulations; and

(2) Regulation .02 under COMAR 04.05.02 Legislative Branch Buildings and Grounds in Annapolis.

 

At this time, the Secretary is also withdrawing the amendments to the following regulations that were proposed in 45:2 Md. R. 71—72 (January 19, 2018):

(1) Regulation .08 under COMAR 04.05.01 General Regulations; and

(2) Regulation .02 under COMAR 04.05.02 Legislative Branch Buildings and Grounds in Annapolis.

Statement of Purpose

The purpose of this action is to fulfill settlement of all claims against the State, Secretary Churchill, and Colonel Michael Wilson in the March on Maryland et al. v. Churchill et al., Case No. 18-cv-701, United States District Court for the District of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Robert McFarland, Assistant Attorney General, Department of General Services, 300 West Preston Street, 6th Floor, Baltimore, MD 21201, or call 410-767-4514, or email to robert.mcfarland@maryland.gov, or fax to 410-333-7654. Comments will be accepted through January 22, 2019. A public hearing has not been scheduled.

 

04.05.01 General Regulations

Authority: Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) 4-607(a) and (c) State Government Article, §2-1702; Annotated Code of Maryland

.07 Soliciting and Debt Collection.

A. The soliciting of alms, money, or contributions, commercial soliciting, the display or distribution of commercial advertising, political soliciting, or the collection of private debts, is prohibited on the property, except as permitted by §B of this regulation.

B. Permissible solicitations require the prior approval of the occupying agency head for scheduling, safety, security, and traffic purposes. Permissible solicitations are limited to:

(1) Solicitation by national or local campaigns for savings bonds, health, welfare, and charity;

(2) Solicitations by labor organizations for membership or dues as authorized by law;

(3) Recruitment campaigns for the Armed Forces, National Guard, and other federal or State agencies, as previously approved by the occupant agencies;

(4) Operation of vending facilities and concessions as part of the operation of the property for the benefit of employees and the public;

(5) Personal notices posted by employees on authorized bulletin boards; and

(6) Activities on portions of the property leased to other individuals or organizations.

C. These restrictions do not apply to Lawyers’ Mall in Annapolis, which is regulated under Section 04.05.02.02.

 

04.05.02 Legislative Branch Buildings and Grounds in Annapolis

Authority: Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c); State Government Article, §2-1702; Annotated Code of Maryland

.02 Demonstrations and Rallies.

A. [Demonstrations and rallies] Subject to the conditions below, demonstrations, rallies, and solicitation, whether or not by permit, may be held during regular business hours, but may not be scheduled to start after 8 p.m., or finish after 9 p.m., except when sessions of the Senate or House of Delegates run beyond 9 p.m.

B. Demonstrations and rallies may be conducted [in the walkways, streets, and other paved areas of the plaza known as Lawyer’s] at Lawyers’ Mall in front of the State House between the Legislative Services Building and Government House. The areas [in there] posted as fire lanes may not be obstructed.

C. In case of preemption or conflicting scheduling of [Lawyer’s]Lawyers’  Mall, demonstrations may be conducted in other nearby outdoor areas if agreeable with the applicant for the demonstration permit and the Superintendent of Annapolis Public Buildings and Grounds.

D. Demonstrations or rallies outside State property may require separate approval of the Mayor of Annapolis through the Annapolis Police Department.

E. [Individuals or groups] Groups of 15 or more persons wishing to hold demonstrations or rallies or engage in solicitation should apply in writing at least 2 days in advance to the superintendent or manager for a permit, unless extraordinary circumstances prevent the applications. Groups of less than 15 persons may hold demonstrations or rallies or engage in solicitation without a permit, space permitting, subject to the same conditions in this regulation, but an individual or group holding a permit will have priority over an individual or group without a permit.

F. Permits shall be issued at no cost to the applicant on a first-come, first-served basis. The superintendent or manager may not refuse to issue a permit based on the:

(1) Subject matter of the demonstration;

(2) Applicant; or

(3) Lateness of the permit application.

G. Subject to paragraph E, above, and except as provided elsewhere in this Title, the following activities are not prohibited at Lawyers’ Mall:

(1) Distribution of literature, materials, and merchandise for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials; and

(2) Solicitation of funds for lawful, non-commercial purposes or the collection of petition signatures.

H. The applicant shall indicate whether solicitation for charitable contributions will occur and, if so, indicate whether the applicant is properly registered under the Maryland Solicitation Act, Business Regulation Article, Title 6, or exempt from registration.

I. The applicant or any participant engaging in solicitation of funds shall inform donors whether the contribution is tax deductible, a contribution under § 1-101(o) of the Election Law Article, or a gift.

[G.] J. The Superintendent of Annapolis Public Buildings and Grounds shall have discretion only as to matters of scheduling, safety, security, and traffic.

[H.] K. The applicant should designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.

[I.] L. [Minimal] Battery operated sound [amplification]systems may be used, but the State may not provide extra electricity or lighting. Signs and placards are permitted, but signs and placards mounted on sticks and poles are not permitted.  Applicants must comply with all local noise ordinances.

[J.] M. An individual may not [have] possess a firearm [in the individual’s possession] within 1,000 feet of a demonstration on the property.

N. The following activities are prohibited at Lawyers’ Mall:

(1) Erecting any structures including tents, canopies, or structures; and

(2) Climbing on, removing, or damaging any memorial, statue, architectural feature, tree, or landscaping.

ELLINGTON E. CHURCHILL
Secretary of General Services

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.05 Fish

Authority: Natural Resources Article, §4-215, Annotated Code of Maryland

Notice of Proposed Action

[18-343-P]

     The Secretary of Natural Resources proposes to amend Regulation .15 under COMAR 08.02.05 Fish.

Statement of Purpose

The purpose of this action is to reopen the commercial black drum fishery within the Chesapeake Bay at levels commensurate with other south Atlantic states. Currently, the commercial harvest of black drum is prohibited in the Chesapeake Bay, which is the most conservative management among the south Atlantic states. The Atlantic States Marine Fisheries Commission approved Addendum I to the Black Drum Interstate Fishery Management Plan which allows Maryland to reopen its black drum commercial fishery in the Chesapeake Bay. Reopening the commercial fishery is justifiable now because the Atlantic States Marine Fisheries Commission has classified the black drum stock as healthy and the limited Maryland harvest would have negligible impact on coastwide harvest.

The proposed action reorganizes the regulation so that restrictions apply to the appropriate fishery. The action removes the regulation that deals with tagging black drum caught in pound nets. The department no longer has a tagging study so the regulation is not necessary. The proposed action establishes size and catch limits for the Chesapeake Bay commercial fishery. A commercial licensee may not catch or possess black drum that are less than 28 inches in total length. The minimum size ensures that harvested black drum will be sexually mature and will have had the opportunity to spawn. Commercial licensees may catch up to ten fish per vessel per day, regardless of the number of licensees on board the vessel. The vessel limit will equate to a maximum weight of approximately 500 pounds per vessel per day which is equivalent to other south Atlantic states. Finally, the proposed action updates the text for public notices to be consistent with other species managed in cooperation with the Atlantic States Marine Fisheries Commission.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will have a positive economic impact for commercial harvesters.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Commercial harvesters

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. Since the fishery has been closed for so long and the number of pound netters has declined, making a good estimate of catch is difficult. The spring migration of black drum is variable, so the number of fishermen who catch black drum will vary by year. The fish are in Maryland waters for about 6 weeks. Most of the harvest will be from pound nets, so whether or not the fish swim into a given net will determine catch. Most vessels will not land the daily limit. Using the information available, it may be assumed that a vessel could benefit by approximately $10,500 per year. That calculation assumes that the vessel harvests 500 pounds of black drum each day for a six week period, each fish weighs 50 pounds, and the fish are sold for 50 cents per pound (current price). The benefit for the vessel would be divided by the licensees on board according to their agreements. Therefore, the actual impact for a commercial harvester is indeterminable.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows.

Please see the assumptions in the Types of Economic Impact.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Black Drum Regulations, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through January 22, 2019. A public hearing has not been scheduled.

.15 Black Drum.

[A. Minimum Size. A person may not catch or possess black drum less than 16 inches in total length.]

[B.] A. Recreational [Catch Limit] Fishery.

(1)—(2) (text unchanged)

(3) A person may not catch or possess black drum less than 16 inches in total length.

[C.] B. Commercial Fishery.

(1) (text unchanged)

(2) Coastal Bays of the Atlantic Ocean and Their Tributaries [and Chesapeake Bay and Its Tidal Tributaries].

[(a)] Except for purposes of scientific investigation approved by the Department, a commercial licensee may not catch, possess, or sell black drum.

[(b) If black drum is incidentally taken by a pound net, a commercial licensee may notify the Department.

(c) The Department may:

(i) Verify the number of black drum;

(ii) Record the length;

(iii) Affix a tag;

(iv) Release the black drum; and

(v) Prepare an invoice for payment of $7.50 per black drum as consideration for assistance with the collection of biological data if the Department was timely notified of the incidental taking of black drum.]

(3) Chesapeake Bay and Its Tidal Tributaries.

(a) A commercial licensee may not catch or possess black drum less than 28 inches in total length.

(b) The daily catch and possession limit is ten black drum per vessel per day, regardless of the number of commercial licensees on board the vessel.

D. [General. The Secretary:] Public Notice.

[(1) May modify catch limits or open or close a season in State waters by publishing notice in a daily newspaper of general circulation at least 48 hours in advance, stating the effective hour and date; and]

(1) The Secretary may establish or modify catch limits, size limits, and seasons for black drum in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Black Drum, by issuing a public notice on the Department’s website.

(2) The public notice shall state its effective hour and date and shall be published on the Department’s website at least 48 hours in advance of the effective hour and date.

[(2)] (3) [Shall] The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected person has a reasonable opportunity to be informed.

(4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 26 BOARD OF PILOTS

09.26.01 General Regulations

Authority: Business Occupations and Professions Article, §11-205, Annotated Code of Maryland

Notice of Proposed Action

[18-348-P]

The Board of Pilots proposes to adopt new Regulation .07 under COMAR 09.26.01 General Regulations. This action was considered by the Board of Pilots at a public meeting held on October 12, 2018, notice of which was published on the Board’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to require applicants and licensees to respond in writing within 30 days to any written communication from the Board, to inform the applicant or licensee of the ramifications for failure to respond to a written communication from the Board, and to require an applicant or licensee to notify the Board in writing of a change of address.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Steve Long, Executive Director, Design Boards, Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov, or fax to 410-962-8483. Comments will be accepted through January 22, 2019. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Pilots during a public meeting to be held on January 11, 2019, at 10:30 am, at 500 N. Calvert Street, Baltimore, MD 21202.

.07 Failure to Respond.

A. If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond within 30 days of the date of mailing.

B. The Board shall send a written communication by first class mail to the last known address furnished to the Board by an applicant or licensee.

C. It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in applicant’s or licensee’s address.

D. Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §11-409, Annotated Code of Maryland.

DENNIS C. MCCOY, ESQ.
Chairman
Board of Pilots

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility

Authority: Health-General Article, §15-103, Annotated Code of Maryland

Notice of Proposed Action

[18-340-P]

     The Secretary of Health proposes to amend Regulations .02, .03, and .08-2 under COMAR 10.09.24 Medical Assistance Eligibility.

Statement of Purpose

The purpose of this action is to make the following amendments in order to comply with federal Medicaid requirements:

(1) Define the term “postpartum period”;

(2) Clarify eligibility criteria for transitional Medical Assistance coverage for low-income parents and caretaker relatives;

(3) Add language to explain continuous eligibility for pregnant women; and

(4) Clarify that a participant may establish the participant’s own special needs trust.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 22, 2019. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(45) (text unchanged)

(45-1) “Postpartum period” means the period of time beginning on the date a pregnancy ends and ending on the last day of the second month following the end of pregnancy.

(46)—(63) (text unchanged)

.03 Coverage Groups.

A. The following individuals, including recipients of Temporary Cash Assistance, may be determined eligible for the MAGI coverage groups:

(1) Parents and other caretaker relatives whose household income is [equal to or less]:

(a) Greater than 123 percent of the federal poverty level and equal to or less than 133 percent of the federal poverty level; or

(b) Equal to or less than 123 percent of the federal poverty level.

(2)—(5) (text unchanged)

B. (text unchanged)

C. [Extended] Transitional Medical Assistance.

(1) [Initial 6-Month Extension.] If a family loses [AFDC] Medical Assistance solely because of increased income from[, or increased hours of,] employment of the caretaker relative as defined under Regulation [.02B(11)] .02B(10)(a) of this chapter, [or because of the discontinuance of the 4-month earned income disregards described under COMAR 07.03.02.06, Medical Assistance shall be provided to] all members of the family shall be eligible for Medical Assistance during the immediately succeeding [6-month] 12-month period if the [family received AFDC] parents or caretaker relatives were eligible for Medical Assistance under §A(5) of this regulation in 3 or more months of the 6-month period immediately preceding the month in which [it] they became ineligible for [AFDC] Medical Assistance.

(2) Termination of [Extension] Transitional Medical Assistance.

(a) [Extension of assistance] Transitional Medical Assistance during the [6-month] 12-month period described under [§B(1)] §C(1) of this regulation shall terminate at the close of the first month in which the family ceases to include a child[:

(i) Under 18 years old; or

(ii) 18 years old if a full-time student in a secondary school or in the equivalent level of vocational or technical training, and who can reasonably be expected to complete the program before becoming 19 years old] younger than 21 years old.

(b) (text unchanged)

[(c) With respect to a child who would cease to receive Medical Assistance under §B(2)(a) of this regulation but who may be eligible for Medical Assistance under this chapter, the Department may not discontinue Medical Assistance until the Department has determined that the child is not eligible for Medical Assistance under this chapter.

(3) Additional 6-Month Extension.

(a) Each family who has received Medical Assistance during the entire 6-month period under §B(1) of this regulation and who satisfies the reporting requirement of §B(3)(b)(i) of this regulation shall be provided Medical Assistance coverage for the succeeding 6-month period.

(b) Reporting Requirements.

(i) During Initial Extension Period. As a condition of receiving additional extended assistance under §B(3)(a) of this regulation, a family shall report to the local department of social services, not later than the 21st day of the 4th month of the period of extended assistance described under §B(1) of this regulation, on the family’s gross monthly earnings and on the family’s costs for such child care as is necessary for the employment of the caretaker relative in each of the first 3 months of the period.

(ii) During Additional Extension Period. A family receiving additional extended assistance under §B(3)(a) of this regulation shall report to the local department of social services, not later than the 21st day of the 1st and 4th months of the period of additional extended assistance, on the family’s gross monthly earnings and on the family’s costs for such child care as is necessary for the employment of the caretaker relative in each of the 3 preceding months.

(c) Termination of Extension. Extension of Medical Assistance during the 6-month period described under §B(3)(a) of this regulation shall terminate at the close of the first month in which the family ceases to include a child under 18 years old, or 18 years old if a full-time student in a secondary school or in the equivalent level of vocational or technical training, and who can reasonably be expected to complete the program before becoming 19 years old, or at the close of the 1st or 4th month of the 6-month period if the:

(i) Family fails to report to the local department, by the 21st day of the 1st or 4th month, the information required under §B(3)(b)(ii) of this regulation, unless the family has established, to the Department’s satisfaction, good cause for the failure to report on a timely basis;

(ii) Caretaker relative had no earnings in one or more of the previous 3 months, unless the lack of any earnings was due to an involuntary loss of employment, illness, or other good cause, established to the Department’s satisfaction; or

(iii) Department determines that the family’s average gross monthly earnings, less such costs for child care as are necessary for the employment of the caretaker relative, during the immediately preceding 3-month period exceed 185 percent of the official poverty line applicable to a family of the size involved.

(d) Termination of Medical Assistance may not become effective under §B(3)(c) of this regulation until the Department has provided the family with notice of the grounds for termination. The notice shall include, in the case of termination under §B(3)(e)(ii) of this regulation, a description of how the family may reestablish eligibility for Medical Assistance.]

[(e)] (3) Continuation in Certain Cases until Redetermination.

[(i) With respect to a child who would cease to receive Medical Assistance under §B(3)(c) of this regulation but who may be eligible for Medical Assistance under this chapter, the Department may not discontinue Medical Assistance until the Department has determined that the child is not eligible for Medical Assistance under this chapter.

(ii)] With respect to a person who would cease to receive Medical Assistance under [§B(3)(c)(i), (ii), or (iii)] §C(2) of this regulation but who may be eligible for Medical Assistance under this chapter, the Department may not discontinue Medical Assistance until the Department has determined that the person is not eligible for Medical Assistance under this chapter.

[(4) Disqualification for Fraud. Extended Medical Assistance may not be provided to a person who is a member of a family who received AFDC if the Department determines that, at any time during the last 6 months in which the family was receiving AFDC before otherwise receiving Medical Assistance under this section, the person was ineligible for AFDC because of fraud.]

D.—E. (text unchanged)

F. Continuous Eligibility for Pregnant Women. The Department will provide Medical Assistance through the last day of the month in which the 60-day post-partum period ends for a pregnant woman who:

(1) Was eligible and enrolled under §A(2) of this regulation; and

(2) Because of a change in household income, will not otherwise remain eligible.

.08-2 Treatment of Trust Amounts.

A. (text unchanged)

B. Treatment of Trusts Established after August 10, 1993.

(1)—(5) (text unchanged)

(6) The following trusts may not be counted in determining eligibility for Medical Assistance:

(a) (text unchanged)

(b) A pooled special needs trust containing the assets of an individual who is disabled, and which meets all of the following conditions:

(i)—(iv) (text unchanged)

(7) (text unchanged)

C. Special Needs Trust. The following criteria shall define a single, stand-alone special needs trust that is funded with assets that belonged to the beneficiary:

(1)—(3) (text unchanged)

(4) The trust has been established by [the]:

(a) The beneficiary;

(b) The beneficiary’s parent[,];

(c) The beneficiary’s grandparent[,];

(d) The beneficiary’s legal guardian[,]; or

(e) [a] A court;

(5)—(12) (text unchanged)

ROBERT R. NEALL
S
ecretary of Health

 

Subtitle 22 DEVELOPMENTAL DISABILITIES

Notice of Proposed Action

[18-339-P]

The Secretary of Health proposes to amend:

(1) Regulations .06—.08 under COMAR 10.22.17 Fee Payment System for Licensed Residential and Day Programs; and

(2) Regulation .04 under COMAR 10.22.18 Community Supported Living Arrangements Payment System.

Statement of Purpose

The purpose of this action is to establish in the regulations the FY19 reimbursement rates for Licensed Residential and Day Programs and Personal Support services as part of Community Supported Living Arrangements (CSLA) services in accordance with Health-General Article, §7-307(d), Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action increases the rate paid to providers. The proposed action includes a 3.5 percent COLA for providers. The total impact of this increase for the agency and the regulated industry equals $39,116,904.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$39,116,904

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$39,116,904

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. A 3.5 percent increase in rates will cause the expenditures of the Developmental Disabilities Administration (DDA) for community services to increase by an estimated $39,116,904 in total funds. The total general funds impact of these changes is $20,523,282.

D. Regulated provider agencies will benefit from increases to rates by an estimated $39,116,904 in total funds ($20,523,282 in general funds).

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows.

The proposed action has a meaningful economic impact on small businesses because the higher reimbursement rates infuse dollars into provider agency entities that provide these services in the community.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 22, 2019. A public hearing has not been scheduled.

 

10.22.17 Fee Payment System for Licensed Residential and Day Programs

Authority: Health-General Article, §§2-104(b), 7-306.1, 7-910(c), 15-105, 15-107, and 16-201,

Annotated Code of Maryland

.06 Determination of Individual Component.

A.—F. (text unchanged)

[G.] (proposed for repeal)

G. Table of Individual Components Effective July 1, 2018.

(1) Residential Programs.

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.26

$38.05

$64.87

$105.08

$150.68

2

$23.25

$40.05

$66.88

$107.08

$152.66

3

$26.46

$43.26

$70.06

$110.29

$155.86

4

$30.80

$47.60

$74.40

$114.63

$160.20

5

$34.61

$51.41

$78.24

$118.45

$164.02

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.94

$41.05

$69.99

$113.37

$162.57

2

$25.08

$43.21

$72.16

$115.53

$164.70

3

$28.55

$46.67

$75.59

$118.99

$168.16

4

$33.23

$51.36

$80.27

$123.67

$172.84

5

$37.34

$55.47

$84.41

$127.80

$176.96

Region 3 — Rural (St. Mary’s, Caroline, Garrett, Dorchester, Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.26

$38.05

$64.87

$105.08

$150.68

2

$23.25

$40.05

$66.88

$107.08

$152.66

3

$26.46

$43.26

$70.06

$110.29

$155.86

4

$30.80

$47.60

$74.40

$114.63

$160.20

5

$34.61

$51.41

$78.24

$118.45

$164.02

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.26

$38.05

$64.87

$105.08

$150.68

2

$23.25

$40.05

$66.88

$107.08

$152.66

3

$26.46

$43.26

$70.06

$110.29

$155.86

4

$30.80

$47.60

$74.40

$114.63

$160.20

5

$34.61

$51.41

$78.24

$118.45

$164.02

Region 5 — Wilmington Metro (Cecil)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.60

$40.44

$68.95

$111.69

$160.16

2

$24.71

$42.57

$71.09

$113.82

$162.26

3

$28.12

$45.98

$74.47

$117.23

$165.66

4

$32.74

$50.59

$79.08

$121.84

$170.28

5

$36.79

$54.64

$83.16

$125.90

$174.34

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.26

$38.05

$64.87

$105.08

$150.68

2

$23.25

$40.05

$66.88

$107.08

$152.66

3

$26.46

$43.26

$70.06

$110.29

$155.86

4

$30.80

$47.60

$74.40

$114.63

$160.20

5

$34.61

$51.41

$78.24

$118.45

$164.02

(2) Day Programs.

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

 $48.56

$65.27

4

$32.58

$36.78

$45.02

 $53.51

$70.21

5

$36.93

$41.13

$49.27

 $57.85

$74.55

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$23.42

$27.99

$36.87

$45.99

$64.03

2

$25.85

$30.40

$39.32

$48.45

$66.48

3

$29.80

$34.38

$43.26

$52.39

$70.42

4

$35.15

$39.68

$48.57

$57.73

$75.75

5

$39.84

$44.38

$53.27

$62.41

$80.43

 

Region 3 — Rural (St. Mary’s, Caroline, Garrett, Dorchester, Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

$48.56

$65.27

4

$32.58

$36.78

$45.02

$53.51

$70.21

5

$36.93

$41.13

$49.37

$57.85

$74.55

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

$48.56

$65.27

4

$32.58

$36.78

$45.02

$53.51

$70.21

5

$36.93

$41.13

$49.37

$57.85

$74.55

Region 5 — Wilmington Metro (Cecil)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$23.08

$27.57

$36.32

  $45.31

$63.08

2

$25.47

$29.95

$38.73

  $47.73

$65.50

3

$29.36

$33.87

$42.62

  $51.61

$69.38

4

$34.63

$39.09

$47.85

 $56.88

$74.63

5

$39.25

$43.72

$52.48

 $61.49

$79.24

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

$48.56

$65.27

4

$32.58

$36.78

$45.02

$53.51

$70.21

5

$36.93

$41.13

$49.37

$57.85

$74.55

(3) Supported Employment Programs.

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

$48.56

$65.27

4

$32.58

$36.78

$45.02

$53.51

$70.21

5

$36.93

$41.13

$49.37

$57.85

$74.55

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$23.42

$27.99

$36.87

$45.99

$64.03

2

$25.85

$30.40

$39.32

$48.45

$66.48

3

$29.80

$34.38

$43.26

$52.39

$70.42

4

$35.15

$39.68

$48.57

$57.73

$75.75

5

$39.84

$44.38

$53.27

$62.41

$80.43

Region 3 — Rural (St. Mary’s, Caroline, Garrett, Dorchester, Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

$48.56

$65.27

4

$32.58

$36.78

$45.02

$53.51

$70.21

5

$36.93

$41.13

$49.37

$57.85

$74.55

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

$48.56

$65.27

4

$32.58

$36.78

$45.02

$53.51

$70.21

5

$36.93

$41.13

$49.37

$57.85

$74.55

Region 5 — Wilmington Metro (Cecil)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$23.08

$27.57

$36.32

$45.31

$63.08

2

$25.47

$29.95

$38.73

$47.73

$65.50

3

$29.36

$33.87

$42.62

$51.61

$69.38

4

$34.63

$39.09

$47.85

$56.88

$74.63

5

$39.25

$43.72

$52.48

$61.49

$79.24

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.71

$25.94

$34.17

$42.63

$59.35

2

$23.96

$28.18

$36.44

$44.91

$61.62

3

$27.62

$31.87

$40.10

$48.56

$65.27

4

$32.58

$36.78

$45.02

$53.51

$70.21

5

$36.93

$41.13

$49.37

$57.85

$74.55

(4) Community Learning Services.